my country's "Sea Commercial Law" since July 1, 1993，Adjusting maritime transportation relationship and ship relationship、Maintaining the rights and interests of the parties、Promoting the development of shipping trade plays an important role。But with the diversification of the type of ship、Electronicization of transportation documents、Shipping operation is complex，and the demand for multi -type transportation of goods is surging，Traditional shipping and the game's interest game pattern has changed; and major changes in international conventions and international practice followed by "Sea Commercial Law"，Legislative legislation of domestic people and business has also been continuously updated，Especially the promulgation of the Civil Code enabling the "Sea Commercial Law" and the existing civil and commercial law system.。Based on the fact that the existing maritime business law system cannot meet the facts required by maritime referees，For the development of maritime transport，Modernization of maritime governance system under the strategy of marine power，The revision of "Sea Commercial Law" has been mentioned with the agenda。In this revision，Facing a very important "four major relationships" question。

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Sea Merchant Law with the origin of businessman's customs，Inheritance Rhoda and form a norm system that is integrated，Legal field called "autoism"。my country's "Sea Commercial Law" is the most clauses promulgated in the same period，Known as "Sea Business Code"，In terms of standardized form，A removing maritime contract、Maritime infringement、The physical law of risk sharing, etc.、Outside the Private Law，It also involves jurisdiction、Conflict Rules、Sub -procedure method of ship nationality、Public Law Specification，Is a comprehensive comprehensive for legal specifications。The autoness of the sea commercial law，It is manifested as external independence and internal comprehensive，The essence is the status and belonging of the relatively special legal system in the legal system of the sea business law。​​but，The authenticity of sea commercial law is just a phased phenomenon in historical evolution，Haishang Law does not have the status and ability independent of the system of civil and commercial law。Although when the "Sea Commercial Law" was promulgated，my country is still in the early stages of legal system construction，The civil and commercial law Bet365 app download system is not yet sound，Therefore, some content that belongs to the general law of civil and commercial general law has been blurred;，Most of its adjustments belong to the category of adjustment of civil and commercial law，Concepts of private law autonomy and compulsory norms reflect the inner connection that is similar to the blood of the people and business law。Most of the provisions of my country's "Sea Commercial Law" belong to the regulations of civil rights and obligations，Generally, it belongs to the special law of civil law，Therefore, it should be coordinated with the norms of civil and commercial laws such as the Civil Code when revised。

The authenticity of the sea commercial law does not reach the degree of self -sufficiency，Not the aliens of the law and business，Basic theory of the Law of the Civil and Commercial Law、Basic principles and even spirit are interoperability。For a long time，Excessive emphasis on the auto of the sea commercial law，Leading its lack of heavy theoretical support，Falling into a problem -centered misunderstanding，Unable to establish a unified concept and paradigm。The revision of the "Sea Commercial Law" is not just for the improvement of its own system，It is a good opportunity to re -sort out the relationship between the relationship between the sea business law and the civil and commercial law。Therefore, it should be guided by the legislative concept of civil and commercial law，Learn from the latest legislative results of civil and commercial law，Concept coordination in the civil and commercial law system、Logic、Organic law overall in harmony with the system。Under the premise of maintaining the system of the system，It should respect the particularity of sea commercial law rather than independence，Clarify the rights and obligations of maritime subjects，Reasonable construction of maritime responsibility，Improve the seas risk sharing mechanism，Maintenance of Sea Transport Order，Protect the marine ecological environment。At the same time，System positioning affects the body structure used in the revision of the Sea Commercial Law，It should be acknowledged that some systems in the sea commercial Fatte are such as maritime assistance、Common sea damage, etc., cannot fully integrate into the theoretical framework of civil and commercial law，Similar systems of sea commercial law and civil and commercial law are not simple corresponding relationships，But the Law of the Haishi Law is not a combination of several special rules，It is not particularly not enough to support and seek general regulations for the seas of commercial law。Repeat the general regulations with the Civil Code、Differences and even conflict，It is necessary to judge carefully when revised，Neither can restrain Bet365 app download the development and progress of sea commercial law，It cannot excessively expand its auto，Scientific connection with the civil and commercial law system，And affirm the special legislative value and standard system of sea commercial law。

　The relationship between the "three -track system" and unified legislation

The current water transportation，Implement ocean based on the principles of different returns、Coastal、The "three tracks" legislative mechanism of the river，Adjust international cargo transportation relations by "Sea Commercial Law"，Coastal and inland transportation is merged into domestic waterway transportation separately，The two are free in the contract、delayed delivery、Principles of Outstanding、delayed delivery、Exemption of the carrier、The right to keep the goods、Common sea loss、Responsibility restrictions and other aspects are different。"Three -track System" in the formulation of "Sea Commercial Law" has certain historical rationality，But with international domestic shipping practice、National Shipping Policy、Changes and development of international domestic transportation legislation，"Three -track System" can no longer meet the needs of the development of the shipping economy，The call for unified legislation of cargo transportation is high。Therefore, in the revision of "Sea Commercial Law"，"Whether the scope of application is extended to inland transportation" has become the focus of discussion。

Article 2 of the current "Sea Commercial Law" clearly stipulates that adjusting between the sea rivers、Direct transportation between Jianghai，It can be seen that it has reserved the adjustment space for the inland transportation relationship at the beginning of the legislation。At the same time，With the decrease in the risk of maritime、Development of the insurance industry、increase of multimodal transport，Various transportation methods are stronger，The unity of the water transportation system is continuously enhanced。The origin of the transportation method is the sea business method，The system of various transportation methods is "both higher than different"，The benefits between the transportation departments can also be blended down in a unified paradigm; and from the perspective of global maritime legislative practice，The unity of water transportation law is becoming the mainstream。Therefore，It should be fully considered the actual situation of the "big country of the river" and the development of the three major water systems，Make a fair market competitive environment，Standardize inland river shipping behavior，Taking into account the interests of all parties，Really expand the scope of the "aviation waters that are connected to the sea"Bet365 app download ; the essence of the essence of inland river transportation and sea transportation should be explored，Research on the rational basis of the application scope of the scope of application in the ship type and the transport area section，Solution along the coast、Internal water transportation and incorporate the systematic problem after the "Sea Commercial Law" -is it applicable to part of the transportation contract or all the legal system of the sea merchant。It is recommended to implement "Great Unification、Small differences "legislative mode，For transport contracts (carrier、Actual carrier、Consignant Obligations、The right of the consignee、Compensation liability, etc.)、The nature of the goods、Transportation Certificate、Ship sailing (sea problem、Sea loss、Aviation, etc.) Questions，mainly based on unified rules; air flights in ships、Responsibility limit，Proper distinction，Establish international cargo transportation、The "dual -track" system of coastal cargo transportation and inland cargo transportation。

　　The relationship between the balance of interest and the needs of our country

At the beginning of the birth of the sea business method，The focus of its system is to protect the interests of the ship。The interest relationship between the two parties on both sides of the ship has changed: from trade、Analysis of the relationship between the shipping industry，The interests of the two disappear，and reflected as a game relationship; jointly developed from the international community、Analysis of a win -win angle of the two parties in the ship，The two seek a new balance point in the game，By proper compromise to seek mutual benefit and win -win、Promoting the benign interaction of the industry。In the 21st century, trading countries and shipping countries have a high degree of coincidence，In modern and mature economies, there are almost no pure shipping countries or cargo owners countries，"Rotterdam Rules" is no longer a game between shipping countries and trading countries，Instead of seeking common development、Take into account the interests of all parties、Rules system that embodies the balance of interests。Modern Sea Commercial Law has surpassed the single goal of the early sea commercial law standard for shipping practice，Promoting and ensuring the development of shipping and trade，Better integration and realizing fair value of law，It has become the original intention and mission of the legislation of sea business law。

my country is both a major trading country and a major shipping country，Therefore, the interest balance in the revision of the "Sea Commercial Law"，It needs to be linked to my country's institutional needs to promote trade and shipping development。The current "Sea Commercial Bet365 lotto review Law" combines the "Hague Rules" and "Burger Rules"，Moderate balanced the interests of the shipper and the carrier，But the balance of interest under the new era not only involves the shipper、The carrier two，And should balance the ship、Cargo Fang、Insulator、Banks and other parties interests。"Rotterdam Rule" broke the carrier、Traditional rights and obligations of the shipper，Establishing a balance point of interest between "sea transport+multi -type combination" and trade，worth learning and reference。The revision of "Sea Commercial Law" is conducive to driving our country's shipbuilding、Port、Prosperity of industries such as land transport，For the country from a trade country to a strong country、From the great nation of the sea to the sea transportation power to protect the escort。Therefore, the revision of the "Sea Commercial Law" should be based on the institutional needs of our country: on the one hand，Reperse and absorb the reasonable and mature regulations in the Rotterdam Rules such as the carrier's responsibility、Shipping Performing Registers, etc.，Explore the controversial batch contract、The impact of the provisions of the uniquely put on the shipping industry and the trade industry，to enhance the scientific nature of the sea business law system; on the other hand，Legislation should reflect the connotation nature of the sea commercial law reflected in the principle of balance of ship goods、Fundamental value and guidance thought，Balanced traders and the interests of the shipping party，Especially the interests of the international trade industry and the benefit of the shipping industry，Maintain the overall economic interests of the country。Specifically，There are four measures in the following four aspects。

Rolls Rules，Principles of the Guardian of the carrier、Rolls Rules、Legal liability for delayed delivery、Rolls Rules、Litigation time limit、Frequency of negligence and common sea loss、Maritime compensation liability restrictions and other risk sharing issues，It should strengthen the value tendency of substantial and fair value。Second，Recognition of the carrier、The actual carrier liability、The legal status of the operator of the port、Proof of Liability allocation、Affective subject and other issues of maritime compensation liability，Should take into account the inspection ship、The interests of the cargo side and other stakeholders。third，Based on the development of science and technology, risks of maritime、Efficiency and impact of the efficiency and security of maritime transactions，For example, the improvement of the safety performance of modern ships has enhanced the anti -risk ability of the ship，or the openness of the electronic bill Bet365 lotto review of lading、Virtuality and other characteristics bring challenges to the safety order of the shipping market，The legislation should respond to the convenience and risks brought by new technologies。Fourth，Sea Commercial Law is gradually developing in the direction of private law and international unity，Pay attention to the reasonable construction of the public law guarantee system in the private law，strive to balance the balance of public power and private rights while balanced the interests of shipping。

　The relationship between internationalization and localization

Sea Commercial Law reflects a strong international unified trend in historical changes，This trend means that after the country fully recognizes the common interests，Through the concession and coordination of each other, the system of the sea business law tends to be consistent。But too much emphasizes the international unity characteristics of sea commercial law，It is bound to ignore the localization of the legal system，to impact the autonomy of the legal development of the country，Lack of fair protection for the interests of the country's shipping，It is difficult to meet the needs of local maritime judicial practice。my country's current "Sea Commercial Law" is a example of legal transplant，A large number of international conventions were introduced when formulated、international practice and other rules that are considered to represent "international traffic"，But in my country's local judicial practice, it has shown "not accepting soil and water"，There is a legal transplant mixed hybrid、Different from legal interpretation、conflict with the legal resources of the endogenous，Obstacles that cause judicial applications。In Maritime Trial，The current "Sea Commercial Law" presents the situation of "false placement"，Many "dormant clauses" appeared。This not only reflects the flaws of the various systems of "Sea Commercial Law"，It also reflects the differences between the concept of the trial of the sea and the trial of the people and business.，It also involves how to relieve from the history of legal transplant，Make sea commercial law suitable for the development of my country's modern marine economy。

So，In the revision of "Sea Commercial Law"，Pay attention to the expression of legislative language，Focus on the integration of the original legal concept of my country，Do not blindly pursue the advanced nature of the system，Disclosure of incompatible issues of foreign rules and my country's legal system。While continuing to pay attention to international unity，The ability to adapt to the local environment should be added。China has unparalleled complexity and special characteristics in other countries in the governance of shipping and trade，Stand at the bet365 Play online games high degree of viewing the path and system construction of national interests，Make "Sea Commercial Law" meet the needs of China's shipping economy and maritime judicial practice。Under the strategy of marine power，The developed marine economy is an important support for building a marine power，my country is in a critical period from the power of land power to a large country of power，"Sea Commercial Law" in terms of promoting marine economic innovation and common development of trade and shipping，It is increasingly highlighting its legislative value。At the same time，should actively participate in international shipping legislation，Fully expresses the Chinese idea in the formulation of the International Maritime Convention、Effect Chinese Voice，can effectively safeguard the interests of the country。In short，"Sea Commercial Law" that meets the actual needs of China in the internationalization process，Efforts to explore the best balance point of the law's reference，More rationally to identify and learn from the international convention，The organic combination of the internationalization and localization of sea commercial law。

　　(The author is a professor at the School of Law of Xiamen University)